TERMS AND CONDITIONS
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TERMS AND CONDITIONS BENOK s.r.o.
1. GENERAL PROVISIONS
These terms and conditions govern the rights and obligations of the contracting parties arising from the purchase contract concluded between:
BENOK s.r.o., ID: 55388744
Registered office: Hviezdoslavova 152/49, 97201 Bojnice, Slovak Republic
Registration: Commercial Register of the District Court Trenčín, section: Sro, insert no. Sro/45184/R
(hereinafter referred to as "seller")and buyer, who may be a consumer or an entrepreneur.
These terms and conditions apply to the sale of goods through the seller's website at the domain www.coklitka.com, with the subject of sale being mainly:
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sexual chocolates,
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sexual and erotic aids,
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sprays to increase endurance,
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hygienic products,
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lubricants,
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underwear.
1.1 Integral part of the contract
These terms and conditions are binding for both parties and form an integral part of every purchase agreement.
1.2 Addendum
An addendum is considered any agreement that supplements or extends this main contract – for example, for gifts, additional services, or special modifications.
1.3 Prices
All prices listed on the seller's site are final and include VAT according to Slovak legal regulations. However, they do not include shipping costs or special services, which are charged separately.
1.4 Price changes
The seller reserves the right to change the price of goods at any time. This change does not apply to already concluded orders.
1.5 Risk in use
Using products (especially intimate or dietary supplements) may pose health or safety risks. The buyer is obliged to thoroughly familiarize themselves with the instructions for use. The seller is not responsible for damages caused by improper use.
1.6 Product testing
Before first use, we recommend testing the products. In case of safety doubts, it is recommended not to use the product and to contact the seller.
1.7 Liability
The seller is not liable for indirect damages caused by the use of the goods – to the fullest extent permitted by law.
1.8 Limitation of liability
The maximum liability for damages is limited to three times the value of the purchased goods.
1.9 Illustrative photographs
Product images on the site are illustrative and may differ slightly (e.g. packaging), which does not affect functionality or quality.
2. METHOD OF CONCLUDING THE PURCHASE AGREEMENT
2.1 Order process
The contract is concluded by filling out the order form on the seller's website. By sending the order, the buyer confirms that they have read and agree to the terms and conditions.
2.2 Order confirmation
After sending the order, the buyer receives an automatic email confirming receipt. The contract is concluded only upon delivery of the order acceptance by the seller.
2.3 Content of acceptance
The acceptance includes: product name, quantity, price, expected delivery date, method of transport, and seller's details.
2.4 Contract archive
The contract is stored electronically and is available upon the buyer's request.
3. SELLER'S RIGHTS AND OBLIGATIONS
3.1 Seller's obligations:
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to deliver the goods on time, in quantity and quality corresponding to the contract,
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to pack and secure the goods for transport,
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to hand over to the buyer all relevant documents (manuals, invoice, warranty card).
3.2 Unavailability of goods
If it is not possible to fulfill the order (e.g. out of stock), the seller will offer a replacement or allow withdrawal from the contract. In case of prepayment, the amount will be refunded within 14 days.
4. BUYER'S RIGHTS AND OBLIGATIONS
4.1 Buyer's obligations:
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to pay the agreed price,
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to receive the goods,
4.2 Buyer's rights:
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for proper delivery of the goods,
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for making a complaint in case of defects,
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for withdrawal from the contract within legal deadlines (if applicable to the specific goods).
5. DELIVERY AND PAYMENT TERMS
5.1 Availability and Delivery
Availability is indicated for each product. Delivery usually takes 1 – 6 working days, but no more than 30 days unless otherwise agreed.
5.2 Shipping Methods:
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Slovakia: Packeta, Slovak Post, courier
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Czech Republic: Packeta, courier
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Other EU countries: individually according to the country
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Outside the EU: by individual agreement
5.3 Shipping Costs
The shipping price is displayed in the order form. For foreign countries, the price is calculated according to the destination country and delivery method.
5.4 Obligation to accept the goods
The buyer is obliged to accept the shipment. In case of non-acceptance, the seller reserves the right to charge shipping and handling costs.
6. PURCHASE PRICE AND PAYMENT TERMS
6.1 Prices
Prices listed on the site are final including VAT according to the valid rate in the Slovak Republic, except for EU countries where the OSS (One Stop Shop) regime applies – in such case, the VAT rate of the delivery country applies.
6.2 Payment Methods
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Online card payment (via payment gateway)
6.3 Payment Effectiveness
Payment is considered made at the moment the full amount is credited to the seller's account.
7. OWNERSHIP AND RISK OF DAMAGE
7.1 Acquisition of Ownership
The buyer becomes the owner of the goods only after full payment of the purchase price.
7.2 Transfer of Risk
The risk of damage or loss of goods passes to the buyer at the moment of receipt of the goods.
8. CLAIM PROCEDURE
8.1 Liability for Defects
The seller is responsible for defects that the goods have at the time of receipt or that appear during the warranty period.
8.2 Warranty Period
The standard warranty is 24 months, unless otherwise stipulated by law.
8.3 Claim Submission
Claims can be made by email to info@coklitka.com or by sending in writing to the registered office address.
8.4 Methods of Claim Resolution
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Product Repair
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Product Exchange
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Refund
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Reasonable Discount
8.5 Warranty Exceptions
The warranty does not cover defects caused by:
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improper use,
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mechanical damage,
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normal wear and tear,
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hygienic and intimate products that have been used.
9. PERSONAL DATA PROTECTION (GDPR)
9.1 Controller
BENOK s.r.o. processes personal data in accordance with GDPR (EU Regulation 2016/679) and Act No. 18/2018 Coll.
9.2 Purpose of processing
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order processing,
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invoicing,
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delivery of goods,
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marketing (only with consent).
9.3 Categories of data
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First name, last name
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Address
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Telephone
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E-mail
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Company ID, Tax ID (for companies)
9.4 Rights of data subjects
The buyer has the right:
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to access their data,
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to correct or delete,
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to restrict processing,
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for data portability,
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to file a complaint with the Office for Personal Data Protection.
9.5 Data protection principles
Detailed rules are published in a separate document "Privacy Policy", available on the seller's website.
10. WITHDRAWAL FROM THE PURCHASE CONTRACT
10.1 Right of withdrawal
The buyer – consumer – has the right to withdraw from the contract within 14 days from the date of receipt of the goods without giving any reason.
10.2 Exceptions – withdrawal from the contract is not possible in cases of:
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goods made to measure,
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goods in protective packaging that was opened after delivery (e.g. lubricants, underwear),
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food and chocolate intended for direct consumption (after opening/consumption),
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goods subject to rapid spoilage or quality deterioration (e.g. intimate cosmetics).
10.3 Return of goods
The goods must be undamaged, unused, and in the original packaging. The buyer bears the costs of return.
10.4 Method of refund
The refund will be made in the same way as the payment was received (unless otherwise agreed), within 14 days.
11. APPLICABLE LAW AND JURISDICTION
These terms and conditions and all contractual relationships are governed by the legal system of the Slovak Republic.
Any disputes will be resolved before the competent court of the Slovak Republic, unless the legal regulations of the buyer's country provide otherwise.
12. ALTERNATIVE DISPUTE RESOLUTION (ADR)
The buyer has the right to contact an alternative dispute resolution entity, e.g. the Slovak Trade Inspection.
ADR conditions:
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The value of the dispute must be at least €250
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ADR applies only to consumers (not entrepreneurs)
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The maximum fee for submitting a proposal is €20
13. SHIPPING AND VAT FOR SALES ABROAD
13.1 We deliver to:
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Slovakia – delivery by courier or via Packeta
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Czech Republic – Packeta / Zásilkovna
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Other EU countries – according to individual carrier selection
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Outside the EU – by agreement
13.2 VAT
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Within Slovakia, VAT of 23% applies. For selected food items, VAT is 19%.
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Within the EU, the local VAT rate according to the customer's country applies under the OSS scheme.
14. FINAL PROVISIONS
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These terms and conditions come into effect on the day of their publication.
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The seller reserves the right to change them, with the new wording being published on the website.
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The buyer is prompted to agree to the terms and conditions by ticking a checkbox before placing the order.
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